Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2023I was enacted to address the need for clear authority arrangements within the Treasury Portfolio during periods when the Treasurer is temporarily unavailable. Authorised by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, this instrument allows Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer from 12 April 2023 until 16 April 2023. The policy objective is to ensure continuity of government functions and the effective administration of the Treasury portfolio in the interim period, thereby maintaining the stability and efficiency of financial governance in Australia. This legislative instrument was introduced by the Parliament of Australia to provide a structured and lawful mechanism for the delegation of responsibilities in the absence of the primary office holder.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2023I, signed by Jim Chalmers, the Treasurer, and dated 11 April 2023, authorises Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer in the performance of functions, duties, and the exercise of powers under any Act or provision of an Act. The authorisation specifically applies to Katy Gallagher and is in effect from 12 April 2023 until 16 April 2023, as delineated under subsection 34AAB(1) of the Acts Interpretation Act 1901. This arrangement ensures continuity in the administration of the Treasury Portfolio during the specified period, without any stated exclusions or exemptions within the scope of the authorisation. The legislation operates within the Commonwealth jurisdiction, impacting the roles and responsibilities of the mentioned ministers during the authorised period.

Key Provisions

The key operative sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2023I (the "Authorisation") allow the Treasurer to delegate certain functions and duties to the Minister for Finance during a specified period. Section 1 of the Authorisation details the authorisation of Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of his functions and duties, or the exercise of his powers, under an Act or a provision of an Act. The instrument is designed to facilitate continuity of government operations during a defined period when the Treasurer is unable to perform his duties, from 12 April 2023 to 16 April 2023. The obligations and requirements imposed by the Authorisation on the parties involved are primarily centred around ensuring that the acting Minister, Katy Gallagher, is fully empowered to perform the Treasurer's duties during the specified period. The Authorisation ensures that all actions taken by the Minister for Finance in her acting capacity are legally valid and binding. This arrangement is designed to maintain governmental efficiency and continuity, ensuring that no lapses occur in the exercise of the Treasurer's powers and responsibilities. There are no explicit offences or penalties outlined within the Authorisation itself. However, any breach of the conditions or misuse of the powers granted under this instrument could potentially lead to broader legal consequences under other applicable laws. The primary focus of the Authorisation is to provide a clear legal framework for the delegation of authority, rather than to impose specific sanctions for non-compliance with its terms. Therefore, while the Authorisation itself does not detail specific penalties, any actions taken under its authority that contravene other legislative provisions could be subject to the relevant penalties and consequences as outlined in those other laws.